2017: Schweikert Voted For Capping Non-Economic Damages In Medical Malpractices Cases Where The Health Insurance For The Plaintiff Received Was From A Federal Program Or Was Federally Subsidized. In June 2017, Schweikert voted for The "Protecting Access to Care Act" that would have capped noneconomic damages at $250,000 awarded to the plaintiff in a civil medical malpractice lawsuit According to The Washington Post, "limit[ed] to $250,000 the non-economic damages that can be awarded in a medical malpractice lawsuit in which the plaintiff's health care was paid for in whole or in part via a federal program, subsidy or tax benefit, and would [have] establish[ed] a statute of limitations for initiating such lawsuits of either three years following the plaintiff's injury, or one year after the plaintiff discovers such injury, whichever occurs first. The bill would [have] also prohibit[ed] a health care provider that prescribes or dispenses a FDA-approved medical product from being named as a party in either a product liability lawsuit involving the product or a class action lawsuit against the manufacturer, distributor or seller of such product." The House passed the bill by a vote of 218 to 210. The Senate took no substantive action on the legislation. [House Vote 337, 6/28/17; Washington Post, 6/28/17; Congressional Actions, H.R. 1215]
The Measure Capped Damages To Plaintiff's Whose Health Care Was From A Federal Program Or Was Federally Subsidized. According to Congressional Quarterly, "Passage of the bill that would limit to $250,000 the non-economic damages that can be awarded in a medical malpractice lawsuit in which the plaintiff's health care was paid for in whole or in part via a federal program, subsidy or tax benefit." [Congressional Quarterly, 6/28/17]
Democratic Opposition Argued That The Bill Would Have Prevented Victims From Receiving Proper Compensation For Their Injury And Could Lead To Further Malpractice. According to The Washington Examiner, "Democrats said the bill would unfairly limit a patient's ability to collect appropriate damages from medical malpractice and would shield negligent doctors from liability. They argued the bill was intended to give a tax break to health insurance companies. 'Additional tests may frankly be just good medicine,' Rep. Sheila Jackson Lee, D-Texas, said on the House floor. On Tuesday, 80 organizations sent a letter to House leaders urging them to oppose the bill. 'Even if [the bill] applied only to doctors and hospitals, recent studies clearly establish that its provisions would lead to more deaths and injuries, and increased healthcare costs due to a 'broad relaxation of care,'' they wrote. 'Add to this nursing home and pharmaceutical industry liability limitations, significantly weakening incentives for these industries to act safely, and untold numbers of additional death, injuries and costs are inevitable and unacceptable.'" [Washington Examiner, 7/7/17]
The California MICRA Damage Cap Of $250,000 Created In 1975 Has No Provision That Accounts For Inflation. In a Los Angeles Times op-ed Nora Freeman Engstrom and Robert L. Rabin wrote, "The California Legislature first capped this type of damages in medical malpractice lawsuits in 1975, and roughly half the states have followed California's lead. This summer, however, nearly 40 years after California's Medical Injury Compensation Reform Act first limited noneconomic damages in malpractice cases to $250,000, trial lawyers and consumer groups have unveiled a ballot initiative that would relax the cap considerably. If the measure qualifies for the ballot and is approved by voters next year, the allowable amount for noneconomic damage payouts for victims of medical malpractice would be quadrupled. Relaxing the $250,000 cap, which has never been adjusted for inflation, is a wise move. As a reform idea, noneconomic damage caps have never made much sense." [Los Angeles Times, 8/13/13]
2013: Schweikert Voted For Capping Non-Economic Damages In Medical Liability Lawsuits As Part Of The FY 2014 Ryan Budget. In March 2013, Schweikert voted for capping non-economic damages in medical liability lawsuits, as part of House Budget Committee Chairman Paul Ryan's (R-WI) proposed budget resolution covering fiscal years 2014 to 2023. According to the House Budget Committee, "The budget supports several changes to laws governing medical liability, including limits on noneconomic and punitive damages." The resolution passed the House by a vote of 221 to 207, but died in the Senate. [House Vote 88, 3/21/13; House Budget Committee, 3/12/13; Congressional Actions, H. Con. Res. 25]